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Backup Documents 06/22/2010 Item #17BCOLLIER COUNTY FLORIDA / REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ( B B To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement Other: (Display Adv., location, etc.) �f k1F***** k** k * * * * * * * * * * * * * * * * * * * * * * * * ** * * * #* Originating Dept/ Div: CDES. /Znnine Person: Nancy I dlacl , AICP Date: 5 - 2�S • 10 Petition No. (If none, give brief description): SV- PL`Z009 -2421, eriean Momentum Center Petitioner: (Name & Address): Riggins Associates, I.LC, 1767 Lakewood Ranch Blvd, Suite 256, Bradenton, FL 34211 Name & Address of any persons) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) TAC Holdings LP, I I I 1 Briarcrest Drive, Suite 200, Bryan, Texas 77802 Hearing before BCC BZA Other Requested Hearing date: June 22, 2010 Based on advertisement appearing I S iLM before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Legally Required Proposed Text: (Include legal description & common location & Size: Petition: SV- PL2009 -221 TAC Holdings, L.P., represented by Jeff Riggins, of Riggins Associates, is requesting a variance hour Collier County land Development Code (.DC) Section 5.06.04 F.1. which requires a minimum separation of 1,000 lineal feet between ground signs to allow a sign separation of 603 e- feet between two ground signs. The subject property, American Momentum Center, is located on 8625 Tamiami Trail North in Section 33, Township 48 South, Range 25 Past, Collier County, f Im ida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? Yes No If Yes, what account should be charged for advertising costs: PO Number: 4500096189 for Account Number: 068779 Reviewed by: DivisicUAdministrator or Designee List Attachments: ��Z,010 Date DISTRIBUTION INSTRUCTIONS A. _For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: to Requesting Division Original Clerk's Office A Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received:S�adt n� Date of Public hearing: _ Date Advertised: k­* * y Teresa L. Polaski 178 From: NeetVirginia [VirginiaNeet @colliergov.net] Sent: Wednesday, June 02, 2010 9:07 AM To: Teresa L. Polaski Subject: Ad No 1855428 Attachments: Legal Ad - SV- PL2009- 2421.pdf Teresa See attached. Dinny Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 �, RESOLUTION NO. 2010- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- PL2009 -2421, GRANTING A VARIANCE FROM SECTION 5.06.04.F.1 OF THE LAND DEVELOPMENT CODE, CONCERNING THE PLACEMENT OF A GROUND SIGN CLOSER THAN 1,000 FEET OF ANOTHER SIGN ON THE SAME PARCEL, WHICH SIGN IS LOCATED AT 8625 TAMIAMI TRAIL NORTH, IN SEC] -ION 33, TOWNSHIP 48 SOUTH_, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Laud Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner wishes to have two signs with less than 1,000 feet of separation for on- premises signs, with 603 feet between the two signs; and WHEREAS, without a variance, Petitioner cannot have on- premises signs within 1,000 feet of each other pursuant to LDC Section 5.06.04.F.I ; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered the advisability of granting these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that The Board hereby approves a variance from LDC §5.06.04.F.1 and approves a ground sign to be located as depicted in Exhibit A at a distance of 603 feet, as requested in Petition SV- PL2009- 2421, filed by Jeff Riggins of Riggins Associates, LLC, on behalf of the Petitioner, TAC Holdings, L.P., concerning the subject property described as 8625 Tamiami Trail North, Naples, Florida, which parcel is located in Section 33, Township 48 South, Range 25 East, Collier County, Florida, as more particularly described as Oakmont Parkway Extension, Parcel One in the Pelican Bay PUD in OR Book 4188, Page 0008, of the Official Public Records of Collier County, Florida, Folio No. 64380000355. S V- 131_2009 -2421 \American Momentum Center Rev_ 5/03/10 Page 1 of 2 BE IT FURTHER RESOLVED that the text (including content and size) of the sign depicted in Exhibit A is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL2009 -2421 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk Approved as to form and legal sufficiency: Steven '1 Williams 5��gtp Assistant County Attorney g Attachments: Exhibit A - Site Plan Exhibit B — Conditions of Approval CP \10 -CPS - 01010A17 SV- 111-2009- 2421\American Momentum Center Rev. 5103110 Pagc 2 of 2 BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA By: FRED W. COYLE, Chainuan `u F P v � L E m � in E a i'N 100 O \\ Y m F m z LL. MH W HG !r' W z w r Y U IIMLLIWVIVVYl lb Sfl a � 5 I 1 FJ ry v� o ti i _ I I I e — �� �I I _ C�I I yl I LI I �yP j F 9 a IM x x w I W _ C�I I yl I LI I �yP j F 9 I e s J / I y IJI Y A a IM x x w CONDITION OF APPROVAL FOR SV- PL2009 -2421 1. The additional ground sign is limited to the Oakmont Parkway Extension entrance. EXHIBIT B ACCT #068779 May 26, 2010 Naples News Media Group 1100 Immokalee Road Naples, FL 34110 Re: SV- PL2009 -2421, American Momentum Center Dear Legals: Please advertise the above referenced petition on Sunday, June 6, 2010 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500096189 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, June 22, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- PL2009 -2421, GRANTING A VARIANCE FROM SECTION 5.06.04.F.1 OF THE LAND DEVELOPMENT CODE, CONCERNING THE PLACEMENT OF A GROUND SIGN CLOSER THAN 1,000 FEET OF ANOTHER SIGN ON THE SAME PARCEL, WHICH SIGN IS LOCATED AT 8625 TAMIAMI TRAIL NORTH, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition: SV- PL2009 -2421, TAC Holdings, L.P., represented by Jeff Riggins, of Riggins Associates, is requesting a variance from Collier County Land Development Code (LDC) Section 5.06.04.F.1. which requires a minimum separation of 1,000 lineal feet between ground signs to allow a sign separation of 603± feet between two ground signs. The subject property, American Momentum Center, is located on 8625 Tamiami Trail North in Section 33, Township 48 South, Range 25 East, Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN 10 ile1 fir�tl;te16I:4Wi74�17:i By: Ann Jennejohn, Deputy Clerk (SEAL) Dwight E. Brock Clerk of Courts May 26, 2010 Coupty of ; Qllier CLERK OF THE dRCUIT COLLIER COUNTY COURTHOUI 3301 TAMiAMI tRRAIL EAST P.O. BOX 4X3044 NAPLES, FLORIDA 14101-30'44 Riggins Associates, LLC Jeff Riggins 1767 Lakewood Ranch Blvd., Suite 256 Bradenton, FL 34211 COURT Re: SV- PL2009 -2421, American Momentum Center Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, June 22, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 6, 2010. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK dutt Ann Jenne' eputy Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerkiicollierclerk.com Dwight E. Brock Clerk of Courts May 26, 2010 County of CAollier CLERK OF THE CIRCUIT COLLIER COUNTY COURTHOU 3301 TANIIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA'14101 -3044 TAC Holdings, L.P. 1111 Briarcrest Drive, Suite 200 Bryan, Texas 77802 COURT Re: SV- PL2009 -2421, American Momentum Center Dear Petitioner: Clerk of Courts Accountant Auditor Custodian of County Funds Please be advised that the above referenced petition will be considered by the Board of County Commissioners, as the Board of Zoning Appeals, on Tuesday, June 22, 2010, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, June 6, 2010. You are invited to attend this public hearing. Sincerely, D/WIGHT E. BROCK, CLERK Ann Jenn ' n,�De ury Clerk Enclosure Phone (239) 252 -2646 Fax (239) 252 -2755 Website: www.collierelerk.com Email: collierclerk @collierclerk.com Ann P. Jennejohn To: Naples Daily News Legals Subject: SV- PL2009 -2421 American Momentum Center Attachments: SV- PL2009- 2421.doc; SV- PL2009- 2421.doc Good Morning, Please advertise the attached on Sunday, June 6, 2010. Thank you. Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAB Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) Ann P. Jennejohn From: postmaster @collierclerk.com Sent: Wednesday, May 26, 2010 11:05 AM To: Ann P. Jennejohn Subject: Delivery Status Notification (Relay) Attachments: ATT339601.txt; SV- PL2009 -2421 American Momentum Center This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. leqals@naplesnews.com Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, May 26, 2010 11:07 AM To: Ann P. Jennejohn Subject: RE: SV- PL2009 -2421 American Momentum Center ok From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com] Posted At: Wednesday, May 26, 2010 11:05 AM Posted To: Legals - NDN Conversation: SV- PL2009 -2421 American Momentum Center Subject: SV- PL2009 -2421 American Momentum Center Good Morning, Please advertise the attached on Sunday, June 6, 2010. Thank you. Ann Jennejohn, Deputy Clerk Clerk to the BCC /VAR Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252- 8408(fax) Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodeskca)collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Ann P. Jennejohn From: Pagan, Emely [EPagan @Naplesnews.com] Sent: Wednesday, May 26, 2010 11:10 AM To: Ann P. Jennejohn Subject: Ad Confirmation Attachments: UAS3675.jpg ATTACHED please review your notice & confirm APPROVAL via EMAIL. Should you have any questions, changes or corrections, please contact me via EMAIL. No verbal changes or approvals accepted by phone, via email ONLY. Thank you for placing your ad. PUB. Date JUNE 2, 2010 Publication NDN Ad Number 1855428 Total Ad Cost $290.34 Emely 213 -6061 NOTICE OF INTENT TO CONSIDER RESOLUTION Notice. Is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, June 22; 2010, n the Boardroom: 3rd Fioor, .Administration Building, Collier County Govern- ment Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 0,00 A.M. The title of the proposed resolution is as follows: A RESOLUTION Or THE BOARD OF ZONING, APPEALS OF COLLIER COUNTY, FLORI- DA, RELATING TO PETITION NUMBER SV- PL2009 -241 1, GRANTING A VARIANCE - FROM SECTION 5.06.04.F.1 OF THE LAND DEVELOPiv1ENT CODE, CONCERNING THE PLACEMENT OF A GROUND SIGN CLOSER THAN 1,000 FEET OF ANOTHER SIGN ON THE SAME PARCEL, WHICH SiGN IS LOCATED AT $615 TAMIAMI TRAIL NORTii. IN SECTION 33.TOWNSHIR48 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA. Petition: 5V- PL2009 -2421, TAC Holdings, L.P., represented by Jeff Rig ins, of Riggins Associates, is requesting a variance from Collier County Land Development Code (LDQ Section 5:06.04 F. ii. which requires a minimum separation of 1,000 lineal feet between ground signs to allow a sign separation of 603 feet between two ground signs. The subject property, American Momentum Center, is located on 8625 Tamia- mi Trail North 'rn Section 33, Township 4a South. Range 25 East, Colliar County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard- NOTE: All Persons wishing to, speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item The selection of an in- dividual to speak on behalf of an organization or group is encouracied, if recog- nized by the Chair, a spokesperson fora ,group or organization may he allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in The Beard agenda packets must submit said material a minimum of 3 weeks prior to the respective ublic hearing. In any case, written materials intended to be considered bythe card shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing, All material used in presentations before the Board will become a permanent part of the record. Any person who derides t© appeal a decision of The Board will need a record of the proceedings pertaining theretn and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi Bence upon which the appeal is based. If you area ,son with a disability who needs any accommodation in order to par- ticipate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112. (239) 252- 8380. Assisted listening devices for the hearing impairer! are available in the County Commissioners Office BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL1 June b. 2010 No1855428 17B i Ann P. Jennejohn From: Naples Daily News [naplesnews @clicknbuy.com] Sent: Wednesday, June 02, 2010 12:19 AM To: Ann P.Jennejohn Subject: Thank you for placing your classified advertisement. Ad #1855428 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, June 22, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- PL2009 -2421, GRANTING A VARIANCE FROM SECTION 5.06.04.F.I OF THE LAND DEVELOPMENT CODE, CONCERNING THE PLACEMENT OF A GROUND SIGN CLOSER THAN 1,000 FEET OF ANOTHER SIGN ON THE SAME PARCEL, WHICH SIGN IS LOCATED AT 8625 TAMIAMI TRAIL NORTH, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Petition: SV- PL2009 -2421, TAC Holdings, L.P., represented by Jeff Riggins, of Riggins Associates, is requesting a variance from Collier County Land Development Code (LDC) Section 5.06.04.F.1. which requires a minimum separation of 1,000 lineal feet between ground signs to allow a sign separation of 603 feet between two ground signs. The subject property, American Momentum Center, is located on 8625 Tamiami Trail North in Section 33, Township 48 South, Range 25 East, Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) June 6, 2010 No] 855428 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online 17B I 20D • Wednesday, June 2, 2020 • Nil Dally News NOTICE OF INTENT TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners, as the Board of Zoning Appeals. of Collier County will hold a public hearing on Tuesday, June 22, 2010, In the Boardroom, 3rd Floor, Administration Building, Collier County Govern- ment Center, 3301 East Tamiami Trail, Naples; Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as fullows A. RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORI- DA, RELATING TO PETITION NUMBER SV- PI2009 -2421, GRANTING A VARIANCE FROM SECTION 5.06.04.F.1 OF THE LAND DEVELOPMENT CODE, CONCERNING THE PLACEMENT OF A GROUND SIGN CLOSER THAN 1,000 FEET OF ANOTHER SIGN ON THE SAME PARCEL -WHICH SIGN IS LOCATED AT 8625 TAMIAMI TRAIL NORTH, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA. Petition. SV- PL2009 -2421, TAC Holdings, L.P., represented by Jeff Riggins,. of Riggins Associates, is requesting a variance from Collier County Land Development Code i Section 5.06.04.F.1. which requires a minimum separation of 1,000 lineal feet between ground signs to allow a sign separation of 603• feet between two ground signs. The subject property, American Momentum Center, is located on 8625 Tamia- mi Trail North in Section 33, Township 48 South, Range 25 East, Collier County, Florida. Copies of the proposed Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda hem to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an in- dividual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered gy the Board shall be submitted to the appropriate County staff a minimum of seven days . prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) 1 6 010 No1855428 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracy Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida: that the attached copy of the advertising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper I time in the issue on June 2. 2010 Afftant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collio County. Florida; distributed in Collier and Lee counties of Florida. each day and has been entered as second class mail matter at the post office in Naples. in said Collier County. Florida. for a period of 1 vear next preceding the first publication of the attached copy of advertisement: and affianl further says that he has nennin paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 's 0__ ( Signature of2iant) Sworn to and subscribed before me This 3rd day of June, 2010 F (Signature of notary public) _�> n KAfulL E KANGAS rt �E Noay Put 11c -Slate of Florida My Comm Expiros Jul 29, 2943 Corn usIon a DO 912237 NOTICE OF INTENT TO CON S@ER RESOLanON Nome n pook . Divan MN the Dowd of Coon Cnmml¢lonar; as ffip Board o1 2010 AppyN, o Col1ler Cplintir Will hold a mMi CCerner: 3.i0rtdr2art, Tmr)aH hAhnlnNH DW�l% CdlwTr 8 �: 9:00aM.TM Otte ofthe ProposedrNWut? fogobs MaOng will begin at A RESOLUTION OF THE BOARD OF 2pFgryG 6A, IIELATIO TO PptpION NUMBER Sy, COLU:P COUNTY FLORI- FROM SECTION S.06.04,f.1 Of THE LAND [At E PLACEMENT OF A GROUND GN THAN 1 FpET��IE THE SAME Pai V1fLK{i SION IS THER SIGN ON SECTION 33, 70WNSHIP48501PM, MNGE ISDASTyCF{Op10ANORTN• IN (Petition. SWPLrZ�Dd09y� 24B211, TAC L.P.. yy rIDC} Sitirwtl 4 SD6:.M f f. a varlenm Fandr RI991rA of �,IgOim sbwweground dgns to a11wMd+ow eae� of of 1.. gay IC�Otlde mi Thif Flsn ,p'Sa 33 k Mom CMMr, N IpSalgd t%T tW Florida, TewnihiP 48 AiRadL Binge 25 Deal,` Cold, CeuritY, Copies of the gr*dl. Resolution are on file with LM Clark to the Dowd and Xe evadabIt for Inspactioer. AD firearm we pwtho W kwitadto ationd and be heardr NOTE, AD PwNen wWft to Nod, an an O eAldmienkbekraslw Iw Or prasanfatlen of file. � � reBDter w the dwWwl t sPMk on behalf d M1a D Win on on a yition. pie, of n: grakilo is razed by the n4nudd to"41, On an -Walloon t�or a grout o monphpzatfon rallotlN lg Persons wzhj to wr . pPpwkeb atrial plgnRhiOswD pytwW a POPMe m of 3s indulle l in the" &.d eDwpa Boelyd shall wkmNUd saw ihjNgn matw Mtlwxled ttoPbe one r _ t o New will rbourne agwarlanwinilp�w'tofD nond,l tlwha'aM ore flitB t113 record. 1Y Person who deckho to appeal a dwWon of the Board wig rKrocotl rolngs�parorto[.Inn thereto and therefore. may need to wneed 1h�r dvaryatjm tlena upon wh sn( Ne a�� b mid° whist, record Inc hsdes the tWlMO ry and ev4 Ppealts..bued. It you are a. oersgltl s diudlNy who nods any ardprgnpdwlpn In gLSLarto par tic we m Nils rig; You we "It'd, at M cow certakr "ho n'- Phone zomect the CODier�ty fad%w"y,tnoaptle Provbbpniof rem, located at 3301 Tamleml Trail Fax, W, Fbr 1wit2, 252 -8380. ANhted INtehin devkw for the hawk, WNrpakad Courrty Cwnmissiornrsr OLfrce, M awgable in the BOARDOF.000NTy�C MgMWONERS OARD OF COLLIER O ZONING LpR"LS FRED COLLE, CHAIRMAN DVAG14T E.-MOCK, CLERK (5Y Ann lemelohn: Degut;Clerk n�e IN, ORIGINAL DOCUMENTS CHECKLIST &ROUTING SHIPS D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO / D THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the execration of the Chairman's sienanrre_ draw a line thrnunh rnntin. lines d I thmuoh ad h- ..F..LI:s ...d ._ c:,___ n __ ­1 Route to Addressee(s) List in routing order Office Initials Date I. OdY Ping C CDES Administration Initial) 2a- 2. June 22, 2010 Agenda Item Number 17 B. 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed / 4. Resolution Number of Original 1 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Documents Attached z4 to 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nancy Gundlach 1, Phone Number 239 - 252 -2484 Contact appropriate. Initial) Applicable) Agenda Date Item was June 22, 2010 Agenda Item Number 17 B. Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed / Type of Document Resolution Number of Original 1 Attached �W�I �Q Documents Attached INSTRUCTIONS & CHECKLIST J 1: Fo s/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed / by the Office of the County Attorney. This includes signature pages from ordinances, V resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board fo I 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be w e o our deadlines! 6. The document was approved by the BCC on (CO (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 440 J 1: Fo s/ County Fortes/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 170 MEMORANDUM Date: June 24, 2010 To: Nancy Gundlach, Principal Planner Zoning & Land Development Reivew From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2010 -126: American Momentum Center Attached for your records is a copy of the document referenced above, (Item #17B) adopted by the Board of County Commissioners June 22, 2010. The original document will be held with the Board's Official Records in the Minutes & Records Department. If you should have any questions, please contact me at 252 -8406. Thank you. Attachment 17B RESOLUTION NO. 2010-12 6 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER SV- PL2009 -2421, GRANTING A VARIANCE FROM SECTION 5.06.04.F.1 OF THE LAND DEVELOPMENT CODE, CONCERNING THE PLACEMENT OF A GROUND SIGN CLOSER THAN 1,000 FEET OF ANOTHER SIGN ON THE SAME PARCEL, WHICH SIGN IS LOCATED AT 8625 TAMIAMI TRAIL NORTH, IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 04 -41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, Petitioner wishes to have two signs with less than 1,000 feet of separation for on- premises signs, with 603 feet between the two signs; and WHEREAS, without a variance, Petitioner cannot have on- premises signs within 1,000 feet of each other pursuant to LDC Section 5.06.04.F.1; and WHEREAS, the Board has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by the Land Development Code; and WHEREAS, the Board of Zoning Appeals has held a public hearing with due notice made, and all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered the advisability of granting these variances and all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that The Board hereby approves a variance from LDC §5.06.04.F.1 and approves a ground sign to be located as depicted in Exhibit A at a distance of 603 feet, as requested in Petition SV- PL2009- 2421, filed by Jeff Riggins of Riggins Associates, LLC, on behalf of the Petitioner, TAC Holdings, L.P., concerning the subject property described as 8625 Tamiami Trail North, Naples, Florida, which parcel is located in Section 33, Township 48 South, Range 25 East, Collier County, Florida, as more particularly described as Oakmont Parkway Extension, Parcel One in the Pelican Bay PUD in OR Book 4188, Page 0008, of the Official Public Records of Collier County, Florida, Folio No. 64380000355. SV- PL2009- 2421 \American Momentum Center Rev. 5/03/10 Page I of 1� BE IT FURTHER RESOLVED that the text (including content and size) of the sign depicted in Exhibit A is not the subject of this variance. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number SV- PL2009 -2421 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, this 22 day of Inc, , 2010. ATTEST: DWIGHT, E 7OK, CLERK By: �+ t7l.� '0 `putt' Clerk MNMt 111.'.11 i�Nlrs� r 1twi�lles, s�,f: Approved as to form and legal sufficiency: Steven T. Williams hjog to Assistant County Attorney 5, Attachments: Exhibit A - Site Plan Exhibit B — Conditions of Approval CP \10- CPS - 01010 \17 SV-PL2009-242 I \American Momentum Center Rev. 5/03/10 Page 2 oft BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: / w. FRED W. COYLE, Chairm Item # 1_ Da a Date �—_" ] _� Ma D Recd 12 E E in E 0 0 -.3 x z A z Ea: 0 x ft z 0 z rrpp1N811WV1vwi tv S(l Ay IO O VJ -1. j-1 tu LLJ � I CL ui i0f ill y o rrpp1N811WV1vwi tv S(l Ay IO O VJ -1. j-1 tu LLJ � I CL ui i0f ill y 178 CONDITION OF APPROVAL FOR SV- PL2009 -2421 1. The additional ground sign is limited to the Oakmont Parkway Extension entrance. EXHIBIT B